La postura del garante y la omisión del Código Orgánico Integral Penal.

Abstract

The present work is focused outside the Ecuadorian legislation, the critical sense of criminal justice carried by the guarantor, which is established in the Comprehensive Organic Criminal Code, while this criminal type establishes challenges to the justice authorities by The instant that the criminal accusation raises seeks to balance the suppression of this action by challenging in such a way, the violation of legal and constitutional principles. As a consequence of the proposal, the solution to the research problem is a study of the sources of the position of the guarantor originating from the theory of functions, the same ones that have been admitted by the majority of treatise writers belonging to Criminal Dogmatics in order to evade violation of constitutional principles. It is necessary to establish that a person has the capacity to avoid a detrimental result in the legal assets of another but does not do so and commits an omission will be attributed criminal responsibility, even more so when this person has the attribute of guarantor since he is, forced to care for or protect the life, health, liberty and personal integrity of the owner of the legal right in our society we are all immersed in fulfilling different obligations depending on the social activity we carry out. The meaning of the legal right is very important, since it encompasses criminal law with an interpretive, evaluative and methodological sense to the guarantee that it is a legal exception.